AB -v- YZ (anonymity order)
Claim No: G91LS916
In the High Court of Justice
Queen’s Bench Division
Date:22/06/2022
Before:
Before His Honour Judge Gosnell
Between:
AB
-v-
YZ
Before His Honour Judge Gosnell sitting at Leeds District Registry, l;eeds Combined Court Centre, The
Courthouse, 1 Oxford Row, Leeds, LSl 3BG on 22nd June 2022 in a hearing conducted remotely via Microsoft
Teams.
UPON HEARING Leading and Junior Counsel for the Claimant and Leading and Junior Counsel for the
Defendant
AND UPON reading the Opinion prepared by Counsel on behalf of the Claimant pursuant to CPR PD Part 21
Paragraph 6.4(1) dated 21 June 2022
AND UPON reading the relevant documents in the Hearing Bundle
AND WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for the personal injuries, the
death and consequential pecuniary losses suffered by the Deceased and her Estate arising out of the Defendant’s
alleged negligence and in respect of which proceedings were commenced by the Claimant against the Defendant
on 23 January 2020
AND WHEREAS the Claimant also brings his claim under the Fatal Accidents Act 1976 on behalf of the
Dependants of the Deceased listed in the Particulars of Claim (“The Dependent Children”) each of whom is a
minor
AND UPON it being recorded that there are no deductions from the minors’ damages for unrecovered legal costs
or additional liabilities on the basis that these will be deducted (by agreement) from the damages apportioned
to the Claimant
AND WHEREAS the Court is infonned of and approves the agreement of the parties in respect of liability
AND WHEREAS it is acknowledged by the parties that the Defendant, as compensator, owes no sum to the
Compensation Recovery Unit on the grounds that no recoupable benefit has been paid to the Claimant or the
Dependent Children and that a ‘nil’ CRU certificate in respect of each is either in existence or is merited.
AND WHEREAS the Court approves the settlement proposed and in particular the apportionment of the of the
damages recovered to each of the Dependent Children as being in the best interests of each and all of them, namely
that the apportionment to each is £20,000 and that the sum to be apportioned to the Estate of CD is £600 and that
the balance is owed to the Claimant.
AND UPON consideration of the Claimant’s Article 8 right to respect for private and family life and the Article
10 right of freedom of expression
AND UPON IT APPEARING that the case is likely to attract publicity and that revealing the identity of the
Claimant is likely unfairly to damage the interests of the Claimant, the minor dependants, or those of his immediate
family members and that, accordingly, publication of details revealing the Claimant’s identity and/or details of
his immediate family ought to be prohibited
AND WHEREAS pursuant to CPR.39.2 (4), the Court is satisfied that an Order in the terms below is necessary
to protect the interests of the Claimant, the minor dependants, and those of his immediate family members and
there is no sufficient counter-veiling public interest in disclosure
Anonymity
IT IS HEREBY ORDERE-D pursuant to Section 11 of the Contempt of Court Act 1981, Section 6 of the
Human Rights Act 1998 and CPR Rule 5.4A-5.4D and CPR Rule 39.2:
1. The identity of the Claimant in these proceedings is protected and shall not be published. For this purpose:
a. ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form, which is
addressed to the public at large or any section of the public; and
b. Publication of any name, address, picture, or other information that could lead to the identification of AB as
the Claimant in these proceedings is prohibited.
2. Pursuant to CPR Rule 39.2 (4), there shall not be disclosed in any report of these proceedings the name or
address of the Claimant and other family members, or any details that could lead to the identification of AB as
the Claimant in these proceedings. The Claimant, the Deceased and the minor dependants shall be referred to as
set out at paragraph 3 of thjs Order.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
a. The Claimant shall be referred to as ‘AB’;
b. The Deceased shall be referred to as ‘CD’;
c. The Claimant’s dependants shall be referred to as ‘EF’, ‘GH’ and ‘IJ’;
d. Any other details liable to lead to the identification of the Claimant (including any names of other family
members or addresses) shall be redacted before publication.
e. The Defendant is referred to as YZ.
4. Pursuant to CPR 5.4C and 5.4D:
a. A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order
from the Court records unless the statement of case, judgment or order has been anonymised in accordance with
subparagraphs 3 a. to d. above; and
b. If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(IB) or (2)) for permission to
inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’
notice to the Claimant’s Solicitors.
5. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge
this Order, providing that any such application is made on notice to the Claimant’s Solicitors, and that 7 days’
prior notice of the intention to make such an application is given.
6. For the avoidance of doubt, paragraphs 1 to 4 above shall not apply to the following, which do not constitute
publication within the meaning of paragraph 1 (providing always that proper steps are taken to protect the
confidentiality of information from being made public):
a. Retention by the parties and/or their representatives of their unredacted files for the purposes of their continuing
functions and obligations in relation to the proceedings.
7. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of
the Rolls on 17 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of
Justice (www.jμdiciary.uk). For that purpose a court officer will send a copy of the order by email to the Judicial
Office at judicialwebupdates@judiciary.uk.
Approval of the Agreement
8. There shall be judgment for the Claimant in the sum of £650,000 inclusive of interest which said sum shall be
paid by the Defendant to the Claimant’s solicitors by 4pm on 13 July 2022.
9. Upon receipt of the Judgment sum set out in clause 8 above, the Claimant’s solicitors shall:
a. Pay to the Claimant the sum of £20,000 each for EF, GH and IJ (that is £60,000 in total) provided that the
Claimant shall thereafter pay the same into a building society account, ISA, child trust or similar investment fund,
in the name of, and for the benefit of each of EF, GH and IJ pursuant to the provisions set out in CPR Part 21
PD paragraph 9. 7.
b. Pay to the Claimant the balance of £590,000.
10. The Defendant shall pay the Claimants’ costs of the action to be assessed on the standard basis if not agreed.
· In partial discharge thereof the Defendant shall pay to the Claimant the sum of £200,000 generally on account
of costs by 13 July 2022.
11. For the avoidance of doubt, to the extent that the Claimant’s costs of and occasioned by this approval hearing
have not been budgeted and fall outside the existing costs management orders, these are to be assessed on detailed
assessment if not agreed.
12. Upon payment of the sums set out in Clauses 9 and 10 above, the Defendant shall stand discharged of all
liability to the Claimant and the Dependent Children.
Dated 22 June 2022